1. The Disputed Right Determines the Type of Claim
A failed sale, unclear deed, and blocked driveway involve different rights. Identify the claim before filing. A broader real estate litigation overview covers other claims.
Purchase Contracts and Failed Closings
General Obligations Law § 5-703 generally requires a real property sale contract signed by the party against whom enforcement is sought, with a part-performance exception. Review financing contingencies, notices, and cancellation terms before alleging breach. A missed closing date does not automatically justify damages or specific performance.
Title, Boundaries, and Easements
RPAPL Article 15 permits qualifying parties to challenge adverse property claims. Competing deeds may warrant that action, while access disputes may depend on surveys or easement terms. The quiet title action resource covers title claims in depth; access disputes may need different relief.
2. The Property'S Location Helps Establish the Proper Court
Supreme Court hears civil property claims; local courts handle many possession proceedings. Under CPLR § 507, actions affecting real property title, possession, use, or enjoyment generally belong in the county containing the property. Venue differs from subject-matter jurisdiction.
Supreme Court Cases and Electronic Filing
Title and specific-performance actions may proceed in Supreme Court, as may Article 78 challenges. Civil actions generally begin with a summons and complaint; Article 78 review typically begins with a petition. Covered cases use NYSCEF through the County Clerk. Nassau Supreme Court has required e-filing for new matters since July 7, 2025, subject to exceptions. Unrepresented parties are exempt from mandatory e-filing but may opt in. Filing electronically does not eliminate separate service requirements.
Landlord-Tenant Cases in Nassau and Suffolk
RPAPL Article 7 governs summary possession proceedings, ordinarily initiated with a petition and notice of petition. Nassau generally uses District Court, with City Court also available for Glen Cove or Long Beach property. In Suffolk, Babylon, Brookhaven, Huntington, Islip, and Smithtown use District Courts. Riverhead, Southold, East Hampton, Shelter Island, and Southampton use an appropriate Town or Village Justice Court; some Village Courts do not hear these cases.
Since August 3, 2026, Suffolk District Court landlord-tenant filings use NYSCEF, subject to exemptions. The landlord-tenant law resource discusses the underlying rental rights.
3. Zoning Challenges Follow Administrative Rules
A zoning denial concerns agency action, not necessarily title. Check the town or village code for the responsible board and appeal route. Determine whether a final decision and any required administrative review precede court action.
Town and Village Zoning Board Review
Town Law § 267-c and Village Law § 7-712-c set a 30-day period after filing of zoning board decisions with the relevant clerk. Other Article 78 matters generally allow four months under CPLR § 217, unless a shorter period applies. Identify the decision and its filing date. Judicial review assesses the agency action under the applicable legal standard rather than automatically granting a new permit hearing.
Federal Rights Are Separate from Zoning Rules
Ownership and contracts generally fall under state law, while zoning draws on local ordinances. The federal Fair Housing Act may apply to discriminatory housing practices; an unfavorable permit decision alone does not establish discrimination.
4. The Evidence Must Match the Requested Relief
Evidence must establish the asserted right, the alleged violation, and relevant dates. County recording offices hold deed records; municipal departments hold permit and zoning records. Keep both when the dispute crosses these issues.
Records to Gather before Filing
- Deeds and title reports: Show recorded ownership interests and possible competing claims.
- Surveys and legal descriptions: Locate boundaries, structures, and claimed access routes.
- Contracts and notices: Establish obligations, conditions, and whether required notices were given.
- Messages and photographs: Document objections, property conditions, and the sequence of events.
- Agency decisions and hearing records: Identify the decision challenged and relevant filing dates.
Gaps That Can Alter the Case
A deed may not resolve a boundary, and a survey alone may not establish an easement. Preserve originals and messages. Review title insurance and its notice requirements; the insurer may have a defense obligation depending on coverage. Preserving evidence does not extend deadlines.
5. Deadlines and Remedies Shape the Next Step
The claim and accrual date determine the deadline. Depending on the legal requirements, available relief may include damages, specific performance, a declaration, or an injunction. Some disputes can settle without a judgment, but negotiations do not necessarily stop a filing deadline.
Limitation Periods Are Claim-Specific
CPLR § 213(2) generally provides six years for contract claims, subject to exceptions and accrual rules. RPAPL § 2001 imposes two years from the completion of certain structures violating specified land-use covenants; it does not cover every easement claim. Zoning deadlines may be shorter.
A Practical Decision before Starting Suit
Identify the controlling document, available relief, court, and deadline. A corrective deed or access agreement may resolve some disputes but cannot replace required administrative review. The real estate dispute resolution resource covers settlement options. Review contested ownership and approaching deadlines before filing.
23 Oct, 2026
